Eligibility to accept an appointment under chapter 48

Wisconsin Supreme Court Rules

Rule: SCR 35.01

Jurisdiction: WI

Bluebook Citation: Wis. SCR SCR 35.01

or 938. A lawyer may not accept an appointment by a court as a guardian ad litem for a minor in an action or proceeding under chapter 48 or 938 of the statutes unless one of the following conditions has been met: (1) The lawyer has attended 30 hours of guardian ad litem education approved under SCR 35.03. (2) The lawyer has attended 6 hours of guardian ad litem education approved under SCR 35.03 during the combined current reporting period specified in SCR 31.01(7) at the time he or she accepts an appointment and the immediately preceding reporting period. (3) The appointing court has made a finding in writing or on the record that the action or proceeding presents exceptional or unusual circumstances for which the lawyer is otherwise qualified by experience or expertise to represent the best interests of the minor. Continuing legal education approved under SCR 35.03(1m) may be used to satisfy the educational requirements of SCR 35.01. COMMENT 35.015 Eligibility to accept an appointment under chapter 767. For guardian ad litem appointment orders issued after January 1, 2021, a lawyer may not accept an appointment by a court as a guardian ad litem for a minor in an action or proceeding under chapter 767 of the statutes unless one or more of the following conditions has been met: (1) For a lawyer’s first appointment commencing on or after January 1, 2021, the lawyer has attended at least 9 hours of guardian ad litem education approved under SCR 35.03 during the combined current reporting period specified in SCR 31.01(7) and the immediately preceding reporting period. The 9 hours shall be allocated as follows: (a) At least 3 of the 9 hours shall be approved education addressing the topic of family violence. (b) In addition to the requirement of (1)(a), at least 3 of the 9 hours shall be approved education on any topic identified in SCR 35.03(1m)(a). 208 (c) The remaining 3 hours may be any type of approved "guardian ad litem" or "family court guardian ad litem" education. (1m) After a lawyer has satisfied the initial 9 credit threshold in 35.015(1) and for any subsequent appointments, the lawyer has attended at least 6 hours of guardian ad litem education approved under SCR 35.03 during the combined current reporting period specified in SCR 31.01(7) and the immediately preceding reporting period. The 6 hours shall be allocated as follows: (a) At least one of the 6 hours shall be approved education on the topic of family violence. (b) In addition to the requirement of SCR 35.015(1m)(a), at least 2 more of the required 6 hours shall be approved education on any of the topics identified in SCR 35.03(1m)(a). (c) The remaining hours can be any type of approved "guardian ad litem" or "family court guardian ad litem" education. (2) The appointing court has made a finding in writing or on the record that the action or proceeding presents exceptional or unusual circumstances for which the lawyer is otherwise qualified by experience or expertise to represent the best interests of the minor.

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